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(영문) 대구지방법원안동지원 2014.11.12 2014가단1591
사해행위취소
Text

1. A sales contract concluded on February 3, 2014 between the defendant and the non-party B on the real estate stated in the separate sheet.

Reasons

1. Facts of recognition;

A. B purchased on March 9, 2004 real estate listed in the separate sheet (hereinafter “instant real estate”) from C, and completed the registration of ownership transfer on the 10th of the same month.

B. B signed the Plaintiff’s credit card member and was issued a credit card, and as of March 13, 2014, the Plaintiff bears the Plaintiff’s obligation of paying the credit card amounting to KRW 18,098,073.

C. On February 3, 2014, B entered into a contract to sell the instant real estate (hereinafter “instant contract”) with the Defendant, one of his/her own Schedule, and the registration of ownership transfer (hereinafter “instant registration”) was completed on February 4, 2014 with respect to the instant real estate by the Daegu District Court’s Permanent Residential Branch Office No. 1912 (hereinafter “instant registration of ownership”).

B at the time of entering into the instant sales contract, while B did not have any property other than the instant real estate, the market price of which is equivalent to KRW 100 million, B was liable for the credit card user fee liability against the Plaintiff. On August 13, 2013, the Permanent Saemaul Bank of the Republic of Korea established a collateral security (as of July 21, 2014, KRW 69 million as the secured debt) with respect to the instant real estate.

[Ground of recognition] The non-contentious facts, Gap evidence Nos. 1 and 2, and the result of this court's order to submit financial transaction information to the Central Saemaul Bank of Korea, the purport of the whole pleadings

2. Determination as to the cause of claim

A. According to the facts acknowledged as above, the Plaintiff’s claim for the use of credit card against B may be the preserved claim for the right to cancel the fraudulent act in light of the time when the legal relationship, the possibility of the establishment of the claim, the reality, etc., was based on which the claim was established, and B was in excess of the debt or deepens the status of the debt. As such, the sales contract in this case is detrimental to general creditors including the Plaintiff, and the Defendant’s bad faith is presumed to be a beneficiary.

(b).

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